The rabbi ruled Tuesday in response to a question by the Jerusalem rabbinical court that the appointment of a guardian at night is not valid and one must return to determine guardianship during the day.

The question involved a case last week in which the rabbinical court appointed a guardian for an elderly woman at the request of her family after reviewing all of the information with regard to her financial affairs and mental status.

Upon reviewing the case a question arose in the rabbinical court about the validity of the appointment of the guardian, since the appointment had been made by the secular court, which often meets after sunset.

The members of the rabbinical court were divided over the question and over the issue of the appointment of the guardian as a result – hence the question being asked of Rabbi Eliyashiv.

The elderly rabbi responded immediately to the question, noting the phrase, "Surely the day," denotes the answer. "Even though there is no dispute between the two sides, the fact of guardianship is [in itself] the ruling," he said.

The same day the court made the decision, a letter of appointment was issued in accordance with the decision of Rabbi Eliyashiv.